Monday, 16 May 2016

Press Note:17 May, 2016 MD of Tehri Hydro Development Corporation would be liable .....says NGT





MD of Tehri Hydro Development Corporation would be liable
                                                                                   .....says NGT

Project Name: Vishnugad-Peepalkoti HEP (444 MW)
Rivers: Alaknanda River
Agency: Tehri Hydro Development Corporation (THDC)
Environmental Clearance granted on 22-8-2007
Case in National Green Tribunal on the issue of environmental violation. {Dumping of the construction debris directly into the river}

“We make it clear that in the event of default, the MD of the Corporation would be liable and would be dealt with in accordance with law.” Said the in the order given by NATIONAL GREEN TRIBUNAL in the case of Vimal Bhai Vs. Tehri Hydro Development Corporation, Ministry of Environment, Forest and climate change and Government of Uttarakhand.
The case was heard by the Principal Bench of NGT in New Delhi on 13th May, 2016. Advocate Rahul Chowdhary from LIFE organization argued the case on behalf of Appellant.
Respondents pray for time to file the Reply, tribunal gave two weeks from 13th itself to submitted the reply ‘with advance copies to the Learned counsel appearing for the Applicant who may file Rejoinder thereto, if any, within two weeks thereafter.’
Nest date of hearing will be on 13th July, 2016. Hon’ble Bach said “In the meanwhile, we restrain Respondent No. 1 {THDC} from throwing any building material or muck into the river Alaknanda or on the banks thereof. We make it clear that in the event of default, the MD of the Corporation would be liable and would be dealt with in accordance with law.”
The case was filed on the ground of Alaknanda River is getting polluted due to disposing of the debris generated from the construction of the road near the site of Vishnugad-Peepalkoti HEP. THDC is disposing the debris and muck coming from the construction of the HEP straight away into the Alaknanda river. THDC is bound to comply the Environmental Clearance conditions stipulated in letter Dated 22-8-2007. They are also bound to comply Environment Management Plan provided in Comprehensive Environmental Impact Assessment for Vishnugad-Pipalkoti Hydro Electric Power Project, as it was the basis of obtaining Environment Clearance of the project. It is necessary to make the retaining wall so that the construction debris does not get mixed with the flow of the river. Such illegal dumping is also endangering the life and property of the people living in the downstream area of the river. The hydrology and aquatic life of the River Alaknanda is getting disturbed due to dumping of the construction debris directly into the river and irreparable damage is being caused to the river. There is an emerging need to restore the Alaknanda River into its original form after it was badly hit by the floods of 2013.
NO need to say that Appellant went in the NGT after rasing the environment violation issue in front of THDC, Ministry of Environment, Forest and climate change also with information to World Bank.
Also no need to mention that it revealed the claims of World Bank’s “Best safeguard policy for Rehabilitation and Environment” for the Vishnugad-Peepalkoti HEP of Uttarakhand.
Vimalbhai, Briharshraj Tariyal

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